Kausar Mousin Sayed v. Abbas Mousin Sayed (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02nd July, 2024 FOR ISSUANCE OF CITATION :

35. TP/2992/2024 [Original] (ECHCBM02076092 023) P. C. : Shri. Prathamesh Shinde Ld. Advocate for the Petitioner 1.

Perused Petition. Issue Citation after carrying out amendment. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps and ensure that requisition under chapter XXVI of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules") are complied with. Petitioner to take steps about the grand father of the deceased.

2.

Advocate to take steps regarding Service of General Citation as per Rule 397 of the BHC Rules and also effect service upon non- consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond, for Gross amount, vide Rule 420 of BHC Rules, within one week thereafter, if there are other legal heir including the petitioner.

3. Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon'ble Court under Rule 407 of BHC Rules.

4. S. O. 22.08.2024 02.07.2024 Officer on Special Duty, with Testamentary Department

5. Later on, Ld. Advocate for the petitioner moved a praecipe to amend the para no. 4 of the petition by making an averment regarding grand parents of the deceased. Submission is accepted. Praecipe is allowed.

6. Petitioner to carryout an amendment within two weeks from the date of uploading of this order, if petition is pending. Furthermore, after carrying out the amendment. Office to proceed for issuance of citation.

02.07.2024 Officer on Special Duty, with Testamentary Department